In this editorial, we will deal with the key media laws that are repugnant to democratic dispensation.
In 2002, the Jammeh administration enacted the Media Commission Act in order to manipulate the media, by getting the collaboration of some to be his willing tool to suppress the outspoken ones, by using the Commission to act as a court. The media chiefs refused to collaborate and the scheme collapsed.
The Jammeh administration then proceeded to repeal the Act in December 2024 just days before a scheduled Supreme Court hearing of a GPU case to declare it null and void. At the same time he enacted the Newspaper (Amendment) which increased the penalties for noncompliance with the Act and gave the GPU the responsibility to set up a body to regulate the conduct and promote ethical standards of journalists.
More importantly, in that same December, 2004, three amendments were made to the Criminal Code.
Firstly, the Criminal Code now made provision for a new law – false publication and broadcasting. Unlike libel, this law does not require proof of damage to reputation. A conviction attracts a maximum fine of D250,000 and a minimum fine of D50,000. A convict is also liable to imprisonment for at least one year or to both such fine and imprisonment.
Secondly, the law on criminal libel was retained but the penalties were made much harsher, the same as in false publication and broadcasting.
Thirdly, the provisions for sedition were also retained but as in the case of libel it was increased to the same penalty as in false publication.
Sedition is defined in section 51 as bringing hatred or contempt or exciting disaffection against the President, his government and the judiciary. Why should a critic of the government who exposes their wrong doings be responsible for their hatred, contempt or disaffection? Six journalists were jailed under this law in 2009.
This law is applicable to all and sundry and Gambians should know this. It can be used as a weapon against political opponents by the power that be. Some Gambians have been convicted under this law. It must go.
Lastly, we look at false news, which is a 2013 amendment of the Information and Communication Act, 2009. It emerged when most of the criticisms were now coming from the internet. It therefore attracted the severest penalty – a fine of 3 million dalasi or imprisonment for 15 years. The Jammeh administration said the enactment was needed to ensure stability and prevent ‘unpatriotic behaviour’.
Will the Barrow administration continue to retain these laws? Time will tell.
